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1974 Supreme(Bom) 30

M.N.CHANDURKAR, P.S.SHAH
EBRAHIMBHAI – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

CHANDURKAR J.-This is a plaintiff's appeal challenging the judgment and decree passed by the Joint Civil Judge, Senior Division, Nagpur, rejecting hill plaint under Order 7, Rule 11 of the Code of Civil Procedure on the ground that the suit filed by him was premature. The facts which gave rise to the suit filed by the plaintiff are not in dispute. House No.446 in Ward No. 18 was sold by the State for the purpose of rccovery of arrears of sales tax on 30-11-1963. The revenue recovery certificate for the recovery of Rs. 34,998.15 P. was received by the Tahsildar, Sales Tax Recovery, Nagpur on 27-12-1960 from the Sales Tai Department. The plaintiff claim that he purchased house No.446 on 9-12-1961 from defendants Nos. 4 to 8 by a registered sale deed for a consideration of Rs. 30,000. Original defendant No.4- Hussainbhai son of Mulla Taherali died during the pendency of the suit on 19-8-1964 and defendants Nos. 4 (a) to 4 (e) are his legal representatives. On 23-5-1962 the plaintiff raised an objection that the house purchased by him was not liable to be attached or sold. This objection was rejected by the Tahsildar on 8-7-1963. Before this objection was rejected, the plainti
































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